• The Journal of the Korea Contents Association
• /
• v.19 no.10
• /
• pp.630-640
• /
• 2019

A series of recent events have laid the groundwork for discussions on the safety issues regarding production staff in the popular culture industry. In Korea, the standard contract has been pursued as a means of dealing with issues involving popular culture production staff. However, the existing standard contract failed to incorporate the characteristics and requirements in today's market, which greatly restricted its efficacy in real-world cases. Therefore, this study seeks to significantly improve the provisions in the standard contract that govern obligations between contractual parties, and the work safety of the production staff. To this end, considering the main causes of safety accidents and actual contracts, this study groups contractual provisions into several categories: the removal of adverse factors affecting optimal competency, factors causing individual staff's negligence, and external factors causing negligence. Then, this study proposes specific provisions to be included in each category.

• Korean Business Review
• /
• v.11
• /
• pp.439-464
• /
• 1998

Global electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in the 21st century. Electronic commerce offers considerable new opportunities for businesses and citizens in all regions of the world by enhancing productivity across all sectors 6f our economies and encouraging trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. In order to ensure the stable growth of electronic commerce in Korea, the government needs to construct a predictable legal and commercial environment, suitable to the situation in Korea, for business conduct on the Internet and other electronic method. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an agreement between contracting parties.

• International Commerce and Information Review
• /
• v.15 no.3
• /
• pp.199-224
• /
• 2013

Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

• International Commerce and Information Review
• /
• v.19 no.1
• /
• pp.191-210
• /
• 2017

The old sources of competitive edge and value added were land, labor, and capital. In today's knowledge-based economy in the 21st century, technology is attracting attention as a new engine of growth. That paradigm shift of world economy has resulted in the global spread of technology transfer and the gradual increase of trade of intangible goods including patents and know-how as well as tangible goods in international trade. An international license agreement is a representative form of technology transfer. In license agreements, the providers of technology keep their ownership of technology, allow the implementation of technology to the users of technology only for a certain period of time, and receive loyalty as a reward. Economic profit through such technology trade can be realized with the smooth implementation and termination of agreement. International license agreements are different from sales contracts, which represent international business transaction based on mutual obligation, in many aspects in that they target intangible goods of technology and aim for rent for a certain period of time. This study thus set out to examine issues that could be controversial in the main and individual obligation of the parties in international license agreements and provide implications helpful for the prevention of disputes in advance.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.30 no.2
• /
• pp.243-252
• /
• 2020

Recently, the proportion of housing lease has been increasing to an overwhelming level in line with the increase of single-person households and the change in the form of housing. In the normal case, the use of rental-type housing is subject to a housing lease agreement through a licensed real estate agent. In the event of a transaction conclusion, licensed real estate agent shall issue a contract containing the personal information of the lessee, the renter, and the licensed real estate agent to the transaction party. In this case, it is necessary for the lessee to provide the contract to a third party. This paper analyzes relevant laws and regulations and the status of housing transactions, focusing on personal information processed between offline housing lease agreements. And when issuing a contract through IRTS, we propose a way to protect personal information by providing a third party in three forms: information Data Subject-based, Purpose of usage-based De-identification, and Certificate of Contract.

• Proceedings of the KIEE Conference
• /
• 2015.07a
• /
• pp.1436-1437
• /
• 2015

"국가를 당사자로 하는 계약에 관한 법률" 시행령 제9조 1항 제3호 및 같은 법 시행규칙 제5조 제2항에 근거 전기공사의 예정가격의 결정기준은 (1)거래실례가격 (2)표준품셈 (3)표준시장단가 (4)견적가격 등 4가지 방법을 사용하고 있다. 특히 표준시장단가제도는 이미 수행한 공사의 계약단가만을 고려하여 발표하는 "실적공사비"제도를 계약단가, 입찰단가, 시공단가 등을 고려한 "표준시장단가"제도로 2015년 3월 1일부로 개정되었다. 제도는 시행되었으나 표준시장단가의 산정기준, 절차 및 방법 등 세부적인 제도가 미흡한 상황이다. 따라서 과거 실적공사비 산정방식을 검토하되, 계약단가, 입찰단가, 시공단가 등을 고려한 합리적인 표준시장단가의 산정방식을 제시함으로써, 예정가격결정시 적정공사비를 확보하고, 원 하도급간의 거래가격 투명성 및 객관성을 통해 전기공사의 품질 및 안정성이 확보될 것으로 사료된다.

• Proceedings of the Korean Society of Computer Information Conference
• /
• 2015.07a
• /
• pp.111-114
• /
• 2015

민법상 인정하고 있는 부부재산제도는 부부별산제의 원칙 아래 부부재산계약을 따로 두고 있는 형태이다. 부부재산계약은 혼인신고를 하기 전 두 당사자가 재산관계에 대해 합의한 사항을 등기하면 제3자에 대해서도 효력이 있도록 하는 제도로, 부부별산제의 예외가 된다. 부부별산제(민법제830조)는 부부의 일방이 결혼 전부터 갖고 있던 재산과, 결혼 생활 도중 자신의 명의로 취득한 재산을 그 개인의 것으로 보고, 소유가 불분명한 경우만 공유로 추정하고 있다. 따라서 재산의 관리, 사용, 수익은 소유자가 하게 된다. 결국 부부의 공동으로 형성된 재산이라도 소유자가 모든 권리를 행사할 수 밖에 없어 명의를 갖지 못한 부부일방은 재산적인 침해를 받을 수 있는 등 형식적 평등에 불과하고 실질적인 부부의 경제적 평등을 보장받지 못하고 있는 실정이므로 양성평등과 가족법적 이념에도 어긋나는 제도라 볼 수 있다. 그리고 부부별산제가 제3자와 관계에 있어서 법적안정성을 확보할 수 있다는 장점은 있으나, 법적분쟁 시 일방배우자의 소유재산이더라도 상대방 배우자의 숨어있는 가사노동 지분에 대한 보호규정 등이 없어 문제가 제기되고 있다. 따라서 본 연구에서는 부부재산제도의 문제점을 파악해보고 이를 근거로 합리적인 개선방안을 제시하고자 한다.

• International Commerce and Information Review
• /
• v.18 no.4
• /
• pp.143-164
• /
• 2016

PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

• Journal of Navigation and Port Research
• /
• v.38 no.5
• /
• pp.471-477
• /
• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• 2006.11a
• /
• pp.301-304
• /
• 2006

The insistence of rights and interests in contract is being generalized by opening in construction market which is following F.T.A, internationally. Conditions of contract in construction have different specialities compared with other industries. Different conditions of contract should be established because of a specific character that is different from each construction, such as work, environment, circumference conditions. Although the order of Turn-key is being expanded by increasing construction scale and demanding hybrid function, the suitable regulations of contract are not settled. As a result, various factors of claim is occurring in Change Order-Claim, because they just obey a part of guide-line. This study suggests useful solutions in detail concerned with the main factor of Change Order-Claim by each D/B phases through practical sorting and analysis of the causes of Change Order-Claim.